Archive for the 'Nevada Courts' Category

It’s all about revenue…or is it?

Van November 18th, 2010

So the economy in Vegas, and throughout the country has tanked.  It’s certainly hitting our part of the world as hard, and evidence suggests actually harder than the rest of the country.  Our governments, i.e. Nevada and its municipalities derive a large portion of their revenues from gaming and lodging, and the state, so far thankfully, has not imposed a state income tax.  So what happens to governments when the revenue stream is hit as hard as it has been in the last two years, to make up the shortfall and continue to provide government services? 

 In the case of municipalities, a portion of their revenue stream comes from traffic enforcement, and it’s not a small amount.  Several million dollars per year are collected by municipalities in Clark County alone.  So it seems reasonable to assume that the municipalities would step up traffic enforcement in order to generate additional revenue to cover the shortfalls in the main revenue stream, i.e. gaming/hospitality taxes.  The problem with that concept, is that the Las Vegas economy is derived from entertaining people and attracting tourists, and stepping up enforcement risks putting a damper on the already weakened economy by running off the golden goose: the tourist trade. 

 So what do we make of reports that one court in Clark County had nearly 30,000 fewer traffic cases this year over last?  Should we assume that traffic enforcement has not been stepped up, or that the legendary “quotas” that we all suspect exist, have been lowered?  I wouldn’t make that assumption. 

 The first issue is, that there are fewer cars on the road in Clark County.  With the downturn in the tourist trade, fewer people are coming to Vegas, especially the California trade which largely made their way here in cars via I-15.  Remember the days when you didn’t want to be coming to Vegas from CA on a Friday afternoon, and you didn’t want to be on I-15 heading to CA on a Sunday afternoon?  It was near bumper to bumper for the entire 250 or so miles with occasional jam ups along the way.  Well, it still happens, but very very occasionally anymore. 

 Next, the population of Clark County is actually decreasing.  This is a little secret that doesn’t get much attention.  Gone are the days when people were moving to Vegas at the level of thousands a month.  In fact, some estimate that Clark County has lost as much as 50,000 in population in the last year.  Of course, with those 50,000 people go an estimated 10,000 to 15,000 vehicles.  So between the decline in the tourist trade and the reduction in population, there are fewer tickets being written for fewer vehicles on the road.

 All of these facts certainly didn’t stop the cop who gave me a ticket for allegedly failing to stop at a deserted residential stop sign at about 8:30 PM when I was the only vehicle at the intersection.  This was a particularly petty traffic stop, which was part of a trap, as there was a second cop-car at this scene, also with another driver pulled over being likewise victimized.  And I suppose that the world is a safer place because of it.  Luckily, my ticket is being handled by Ticket Busters, and my ticket will be negotiated to a parking violation, and handled without my need to stand in line at the courthouse or miss work to go to court.  Call us at 666-6666.

It’s A Plain Shame…

Van October 25th, 2010

This week one of the most important men in Las Vegas, was brutally and senselessly killed.  No, our good friend Mayor Goodman is OK, and the city council and the county commission were spared.  This man, is one whose name probably won’t be remembered past a week or two from now by the world at large, and he didn’t live in a mansion, he lived in an apartment in one of the less desirable parts of town.  We proudly display his name here, and realize that this world is a lot worse off, because Timothy VanDerbosch, is no longer among us.

Who, you ask was Timothy VanDerbosch?  Oh, he was a seemingly humble and unassuming man who walked to work early almost every day by 6 AM to get a head start on his work for the day.  He was walking to work the day of his death at 5:30 AM, when four punks stopped their car and accosted him, and beat him, leaving him for dead.  He wasn’t dead, but a passing motorist who didn’t see him laying in the road accidentally hit him and finished the job that the cowardly punks, who left him in harm’s way, left incomplete.  I wonder, you miserable punks, have you ever done anything in your detestable lives that can compare to what your victim has done, or would have done in his, had you not crossed paths?

You see, Timothy VanDerbosch was someone that we don’t have enough of anymore.  He was a Midwestern transplant to Las Vegas from Indiana, who grew up dreaming of doing something with his life and did it.  This man lived on a salary, rented an apartment, and did what he loved…he taught kids.  This man was a teacher.  He taught high school physics and chemistry; not in Summerlin or some swanky private school…he devoted his life to teaching in an area where most people wonder if it’s even possible to teach anymore.  He proudly walked from his home to Eldorado High School every day to work on his lesson plans to teach students in a less than upscale neighborhood; well let’s be completely honest about this, this is a high crime neighborhood, a dangerous place to be.  And yet, in spite of discussions with his sister that he change schools and teach in a “better” part of town, he seemed content to stay where he was. 

Perhaps he would have, or maybe he did, teach some young person the basic chemical science that might yield advances in medicine to extend life, or solve the puzzle that has baffled physicists for generations, and formulate a “theory of everything” to finish what eluded Einstein during his life.  According to his students, he was strict in his classroom, but he was respected, and they listened to him.  He “expected a lot” from his students and was a committed teacher in less than favorable circumstances.  This is what we don’t have enough of anymore.  And while the world at large won’t remember his name, I’m sure that the students, whose lives he touched will never forget it.  For further evidence of this click here and here.

So back to our perps, who are still at large, I ask again, what have you done in your pitiful lives, and what will you ever do, that compares to the nobility and commitment of this good man?  These four thugs, three 20-something men and a woman, are suspected of a crime spree that lasted all night, with three violent robberies, including a stabbing, in the same general area previous to their encounter with our school teacher.  You don’t deserve to breathe the same air that Mr. VanDerbosch breathed.  He had more importance in his little finger than you’ll ever achieve in your detestable lives.  How dare you, you vicious thugs.  Shame will be all you’ll ever have.  What a plain shame!

Life In The “Which” Lane?

Van October 4th, 2010

As you get older, everything changes. You’ve heard, 60 is the new 40? Anyone really believe that? As one who is closer to 60 than 40, I don’t believe it.

When I was a young pup, I watched Disneyland on Sunday nights, and I recall one such show that was entitled “SUPERHIGHWAY USA”. In this show, Walt Disney himself, and his henchmen, layed out what was to become our nationwide Interstate highway system. This was, of course, before Cloverleaf Industries could act on their nefarious plan to close down the Red Line and replace it with highways. (oops sorry, getting Disney mixed up with Roger Rabbitt, please disregard from “Cloverleaf Industries” on.) Anyway, back to SuperHighway USA; everything was laid out there: the banked and crowned roadbeds, the acceleration lane and freeway approaches and exits, the gentle curves. Traffic always moved quickly as we watched the model cars moving on and off the demonstration model that was used to instruct us in this new driving method. This was, of course, before freeways turned into parking lots, and commutes turned into multi-hour outings. They didn’t tell us about that in SuperHighway USA. It wasn’t supposed to be like that! Did Walt Disney lie to me? And he was such a nice man…he and that little rodent.

One of the things that was talked about in Super Highway USA, is how all highways of the future, would have multiple lanes and how the right lane was for regular traffic, and the left lane, was for people who were passing or were otherwise moving faster than people in the right lane(s). This became ingrained in my brain through Super Highway USA, through driver’s education and training, and through music. The Eagles even wrote a song called “Life In The Fast Lane.” Were they singing about the lane that has the exit lanes coming off of it, and the approaches emptying into it? No, they were singing about that lane that is farthest away from safety, closest to the approach of opposing traffic at break neck speed, far away from the entries and exits, the dangerous fast lane. So my question is: what happened to the fast lane?

Interestingly, it appears that the fast lane of today, is more often than not, something other than the left lane. Have you noticed this? I guess everyone thinks that the left lane is theirs and that when they are there, that they can go whatever speed they want, even if it’s below the speed limit. WRONG! The left lane is for those of us who can survive out there with the other fast drivers. It is not for the faint of heart. It is certainly no place to be if you’re talking on your cell phone. For more on my cell phone rant, click HERE. The left lane is the place where the law of the jungle prevails, and the law of the Highway Patrol. But today, it is no longer the fast lane. In fact, in my driving, it seems as though the lane that is open most often, where you can pick up some speed and not have many drivers to contend with is now…the right lane. What happened?

So for the foreseeable future, I’m going to be traveling and passing all of you, in the right lane. Perhaps at some future time, the fad will die and it will be cool to be in the right lane again, in which case, I’ll be back where I’m supposed to be, the place Walt Disney told me about, and the Eagles sang to me about, the place of legend and intrigue, the famed real fast lane, the left lane.

Court Jargon Simplified

admin March 1st, 2010

After reading an article about a murder case that was taken from the Florida court to the Florida Supreme Court, and then back to the Florida Court, I thought about how confusing the article must be for a person who lacks a basic legal background.

 Footnotes or cliff notes would really come in handy for those who do not work in the legal field. Nowadays, Wikipedia is just a Google click away, but who has time for such rhetoric. Nevertheless, there are those who read our blogs..I will make this short and sweet.   

 We have a three-tiered Court System:

 District Court or Trial Court- a Judgment is reached. If you find error in the judgment reached in district or trial court, you can appeal to the Appellate Court.

 Appellate Court or Court of Appeals:  Is made up of a panel of three judges who hear arguments on both sides.

 The Appellate Court has three options: 

  • Change the judgment
  • Remand send the case back to the lower court to change the judgment
  • Send the case back to the lower court to keep the same judgment

 Supreme Court- All 50 states have their version of the Appeal to the Supreme Court.

 The Nevada Supreme Court is comprised of seven justices. There is no court higher than the Supreme Court- their decision is final.

 

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